Posts Tagged: property rights

Does Justice Thomas Still Believe In Private Property Rights?

  There are few constitutional rights more established than the right to own private property. Historically, there have been few Supreme Court justices that property law attorneys can rely on to consistently protect that right more than Justice Clarence Thomas. Yet, in the past six months Justice Thomas has released two opinions that should make… Read more »

Globalization of California http://globalizationofcalifornia.com/

Wondering what Kassouni Law is working on at the moment?  Currently we are involved in litigation against the One Bay Area Plan. Here’s a link to our Client’s site http://globalizationofcalifornia.com/. One needs only to watch the site’s videos to see why we are so passionate about litigation in the defense of Constitutionally protected property rights.

Kassouni Law Prompts Court Decision Changing California Constitutional Property Rights Law

San Francisco, CA August 26, 2013 On August 21, 2013 the California Supreme Court let stand a precedent setting, landmark property rights decision issued by the Court of Appeal which has changed property rights law. Business and property owners now have added Constitutional protection from project development delays and overzealous government regulation, signaling a new… Read more »

United States Supreme Court Confirms Right Of Just Compensation For Temporary Physical Invasions

In a unanimous 8-0 ruling, the United States Supreme Court today confirmed that the Fifth Amendment mandates the payment of just compensation for permanent as well as temporary physical invasions of property. Back in 1987, the United States Supreme Court confirmed that just compensation is required for a permanent or temporary regulatory taking in First… Read more »

Ninth Circuit Court of Appeals Muddies the Substantive Due Process Waters; Supreme Court Asked to Intervene

     There are two fundamental sources of   property rights protection in the Federal Constitution.  The Fifth Amendment provides in part that private property shall not be taken for public use without just compensation.  In addition, the due process clause requires that land use laws and regulations substantially advance legitimate governmental objectives. Land use lawyers recognize… Read more »

Court of Appeal Rules Against San Clemente in Significant Property Rights Case

The California Court of Appeals issued a significant property rights ruling last December in Avenida San Juan Partnership v. City of San Clemente. In that case, the plaintiff owned an undeveloped 2.85 parcel of land in the city of San Clemente, which was located squarely within a residential zoning area. This area allowed the owner… Read more »

U.S. Supreme Court Rules on Fourth Amendment Case

On January 23, 2012 the U.S. Supreme Court issued its decision in United States v. Jones, a controversial Fourth Amendment case which raised fundamental questions about the scope of the government’s power to track a citizen’s movements. At issue was evidence that the Prosecution had relied upon in convicting Antoine Jones. To obtain this evidence,… Read more »